Subsequent Injuries Benefit Trust Fund Ned Pattiz WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIANED PATTIZ, Applicantvs.SUBSEQUENT INJURIES BENEFIT TRUST FUND, DefendantsAdjudication Number: ADJ4350009 Santa Barbara District OfficeOPINION AND DECISION AFTER RECONSIDERATION We granted reconsideration in this matter to study the factual and legal issues. This is our Opinion and Decision After Reconsideration. Applicant timely petitioned for reconsideration of the Findings of Fact and Order issued by the workers’ compensation administrative law judge (WCJ) on December 21, 2018. We granted reconsideration to study the factual and legal issues presented. Following their participation in a commissioners’ settlement conference set at our request, applicant and SIBTF resolved applicant’s claim against SIBTF by Compromise and Release. The Compromise and Release was filed on January 8, 2021. Labor Code section 5001 states in pertinent part that “[n]o release of liability or compromise agreement is valid unless it is approved by appeals board or referee.” WCAB Rule 10700(b) states that: “The Workers’ Compensation Appeals Board shall inquire into the adequacy of all Compromise and Release agreements and Stipulations with Request for Award, and may set the matter for hearing to take evidence when necessary to determine whether the agreement should be approved or disapproved, or issue findings and awards.” (Cal. Code Regs., tit. 8, § 10700(b).)Labor Code section 5002 states that: “A copy of the release or compromise agreement signed by both parties shall forthwith be filed with the appeals board. Upon filing with and approval by the appeals board, it may, without notice, of , its own motion or on the application of either party, enter its award based upon the release or compromise agreement.”(See Lab. Code § 5003 [setting forth requirements for form and contents of the agreement].) After considering the Compromis
Ned Pattiz vs. Subsequent Injuries Benefit Trust Fund
In this case, Ned Pattiz filed a claim against the Subsequent Injuries Benefit Trust Fund (SIBTF). After participating in a commissioners' settlement conference, the parties resolved the claim by Compromise and Release. The Workers' Compensation Appeals Board approved the Compromise and Release, including the attorneys' fee requested, and commended the parties for their willingness to bargain in good faith and resolve the matter without further litigation.
- Filed On:
- Court: California, Santa Barbara
- Case No. ADJ4350009
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